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Judgment
Mr. S. K. Das, learned counsel appearing for the Petitioner states that since the present petition is squarely covered by the order dated 23rd November, 2021 in W.P.(C) No.2786 of 2020 which was disposed of by this Court, this petition may also be disposed of in terms thereof.
Mr. Debakanta Mohanty, learned Additional Government Advocate for the State-Opposite Parties states that there is no provision in the OMMC Rules, 2016 for extension of the lease period beyond the period mentioned in the Auction Notice read with Rule-43 (2) of the OMMC Rules, 2016. However, he does not dispute that in view of the stay order granted by the NGT, the Petitioner was prevented from operating the stone quarry in question. He further submits that in absence of specific Rules or a judicial order in that regard, the Opposite Parties cannot grant an extension of the tenure of the lease of the stone quarry.
Having heard learned counsel for the parties, this Court is of the view that the mere absence of a specific provision in the OMMC Rules 2016 should not come in the way of the Petitioner getting an extension of the lease corresponding to the period during which under a judicial order of the NGT, he was prevented from operating the stone lease in question. The OMMC Rules, 2016 cannot be interpreted in a manner inconsistent with the effect of a judicial order of stay.
Accordingly, this Court directs the Tahasildar, Soro (Opposite Party No.3) to extend the tenure of the lease of Khanjamahal Stone Quarry No.94 for the period while the stay order of the NGT under Annexure-1 was in force subject to the Petitioner complying with all the formalities and subject to the further condition that Opposite Party No.3 shall verify the permitted quantity as per the approved mining plan has already been exhausted and if it has been exceeded, then Opposite Party No.3 shall pass appropriate order on that basis. The appropriate orders implementing the above direction shall be issued by the Opposite Parties not later than six weeks from today.
The writ petition is disposed of in the above terms.
An urgent certified copy of this order be issued as per rules.
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